case law wrote:
Has anyone here successfully used the by-law argument in court for a stop sign yet?
Short answer to your question: No. But... a while ago, when observing a trial, I saw a case stayed for non-disclosure because the Crown did not provide the defendant with a copy of the by-law. The Crown argued that the existence of the sign was "prima facie" evidence of the existence of the by-law, some sort of case law cited. They went back and forth but the JP finally stayed the charge. That was for a "disobey sign," though. I've heard of cases where it hasn't worked, too.
I'm going to try the by-law defense this upcoming Monday...third appearance for the same ticket. This time I'm asking for a trial, and if they run out of time I have a rock solid 11B.
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